(Playing a bit of catch-up after some traveling and oral arguing, so the “Designated for Publication” summaries will be a bit briefer than usual) Designated for publication Graves, J. (Wiener, Graves, Oldham), Wiener, J., dissenting; products liability Affirming dismissal of products-liability claims against firearms manufacturer for an allegedly faulty trigger mechanism. The Court held that … More November 2-9, 2022, opinions
Designated for publication per curiam (Southwick, Higginson, Willett), immigration Denying Salvadoran citizens’ petition for review of BIA order affirming IJ’s denial of application for asylum and withholding of removal. The Court held that the record did not compel a contrary finding to the IJ’s finding that no factual nexus exists between the familial relationship alleged … More October 25, 2022, opinions
Designated for publication per curiam (Jolly, Higginson, Engelhardt), Engelhardt, J., concurring; insurance, remand, diversity jurisdiction, removal Affirming denial of motion for remand, but reversing summary judgment in favor of insurer on coverage dispute arising from insurer’s denial of plaintiff’s Hurricane Harvey-related property damage coverage claims on the basis of an exclusion for pre-existing wear and … More October 3, 2022, opinions
(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Durbois v. Deutsche Bank National Trust Co., 20-11082, appeal from N.D. Tex. Oldham, J. (Jolly, Haynes, Oldham), foreclosure, diversity jurisdiction Reversing district court’s dismissal of homeowner’s suit arising from the … More June 16-17, 2022, opinions
Designated for publication Ticer v. Imperium Insurance Co., 21-10108, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Stewart, Wilson), insurance, diversity jurisdiction Vacating district court’s dismissal of improperly joined non-diverse defendant with prejudice, and remanding to district court to dismiss non-diverse defendant without prejudice. Plaintiff brought suit in Texas state court against two insurance companies arising … More December 16, 2021, opinions
Designated for publication New Falls Corp. v. LaHaye, 19-30795, appeal from W.D. La. Costa, J. (Elrod, Southwick, Costa), bankruptcy Affirming the district court’s judgment that the terms of a prior bankruptcy proceeding of a grocery store were binding in a subsequent personal bankruptcy by the grocery store’s owners. A lender to a grocery store made … More November 11-12, 2021, opinions
